Domestic Abuse Bill

Lord Bourne of Aberystwyth Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 5th January 2021 Lords Chamber

[Lord Bourne of Aberystwyth (Con) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Dholakia, who made some excellent points, not least in referring to the accentuated nature of the problems during the pandemic. I thank my noble friend Lady Williams, who I know is very committed and dedicated to this legislation, which augurs well for making even more improvements to it as it goes through your Lordships’ House.

We have been contacted, as has been mentioned, by many organisations during the passage of this legislation and before Second Reading. That is an indication of its importance and shows what an exciting but humbling opportunity we have to improve it. It is already a good Bill, but there is an opportunity, as other noble Lords have mentioned, to make it a great Act as it passes into law.

I thank those organisations, as well as the domestic abuse commissioner designate, Nicole Jacobs, Dame Vera Baird and my noble friend Lady Newlove, for the work they have been doing on this legislation. There is a compelling need for us to adopt a thoroughgoing review of the law, which will of necessity take us into many areas—housing, welfare, the courts system, the workplace and criminal law, to name but some.

I am pleased that we have a broad definition of domestic abuse. I am also pleased that children are provided for; that is crucial. Only one in five domestic abuse victims report it. We need effective mechanisms to help them to report. We also need additional resources; currently, there are not enough refuge spaces. As has been mentioned, we also need to provide for many special areas, such as black, Asian and minority-ethnic communities, deaf, disabled and blind communities, migrant women—certainly—LGBT survivors and older victims. We should recognise the gendered nature of domestic abuse, as has been mentioned. We also need to recognise that there are many male victims; they must also be provided for in this system.

I want briefly to touch on two points to indicate my view of their importance. The first is the significance of the workplace. The nature of economic abuse means that, often, an abusing partner will seek to cause a victim the loss of a job or livelihood. We need to look at the possibility of leave from work for victims of domestic abuse, as provided for in New Zealand and some Canadian provinces, for example. I would be interested in my noble friend’s views on that.

I also associate myself entirely with comments made across the House about the experience of other countries and the importance of providing for a crime of non-fatal strangulation. This is something that we should certainly be looking at and acting on. It is a proven risk indicator of serious abuse; we have an opportunity to start to put that right. Thirty-seven US states have specific laws on it, as do some states in Australia and as does New Zealand. We should do similarly.

Lightweight Polyethylene Chest Plates

Lord Bourne of Aberystwyth Excerpts

Wednesday 30th September 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

I cannot give the noble Lord a date for when it was last tested, but I can certainly go back and get that information. I hope that that will provide the comfort he seeks.

[Lord Bourne of Aberystwyth (Con) [V]]

My Lords, further to that, obviously there is concern about when official testing was last done. Given the seriousness of the position and the concern of the Police Federation, police firearms officers and others, surely it is appropriate to have further testing now to reassure those who are on the front line—indeed, to reassure all of us.

[Baroness Williams of Trafford (Con)]

As I said to the noble Lord, Lord German, I will go back and establish when the tests were last done. That should comfort noble Lords.

Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2020

Lord Bourne of Aberystwyth Excerpts

Thursday 16th July 2020 Lords Chamber

[Lord Bourne of Aberystwyth (Con) [V]]

My Lords, I thank my noble friend the Minister for setting out the position with such clarity. It is chilling that right-wing groups—a white supremacist group in this case—are the fastest-growing terrorism threat to our country, as Neil Basu of the Metropolitan Police has rightly said. There are obviously echoes of this in the Prevent programme; I know the Minister is familiar with the fact that the far right-wing threat is growing. We very much value the work of the police and our security services for the incredible work they do.

The threat of terrorism is of course evolving, and I appreciate the need to be nimble and stay ahead of the curve. My point, perhaps in contrast to that of the noble Baroness, Lady Ludford, is more about groups that should be added to the list rather than deproscribed, although I will say something briefly on that too.

I appreciate that my noble friend will not want to comment on groups that pose particular threats and which may be added to the list but I seek reassurance—I know that this was also raised in the Commons—about groups that are well known and which have been highlighted, for example, by HOPE not hate, which does valuable work in this regard; I know that my noble friend is familiar with the work it does as she has worked with it. Will she confirm that we will, where necessary, have a laser-like scrutiny of these groups and act swiftly where there is a clear and present danger, as I believe there is from some of those groups?

On deproscription, which the noble Baroness, Lady Ludford, raised, the Explanatory Memorandum to this order it makes it clear at paragraph 14 that if a proscribed organisation or any person affected by the proscription raises the issue and applies to the Secretary of State,

“the prescription of the organisation will be reviewed.”

That should not be done too readily. I appreciate that that is a reasonable mechanism but I seek reassurance from my noble friend that we are not too swift to deproscribe organisations where there remains a clear and present danger from them. However, I accept that if there is no such danger, there seems little reason for continuing proscription.

Port Examination Codes of Practice and National Security Determinations Guidance Regulations 2020

Lord Bourne of Aberystwyth Excerpts

Friday 10th July 2020 Lords Chamber

[Lord Bourne of Aberystwyth (Con) [V]]

My Lords, I thank my noble friend for the very clear exposition of these regulations and the case that she made out. The importance of these regulations is self-evident in relation to the prevention of brutal, murderous terrorism and chilling hostile state activity, such as we saw against Sergei and Yulia Skripal in Salisbury in 2018, with the serious repercussions and death that that activity caused.

Therefore, I welcome the updating and revision of the powers outlined in the regulations. It is right that we should have appropriate safeguards such as those for journalistic sources, but I join others in having concerns about the self-definition of journalism and hope that there are ways that we can ensure that this does not extend to that.

I also join others in asking about the retention of biometric material for five years. Two years certainly seems too short a period, and I am not sure that 15 years is necessarily right, but the question has to be asked and it demands a closer examination of why a five-year period was picked. I join others in wondering about a DNA bank, but that is perhaps a discussion for another day.

I also join others in asking about whether this covers all points of entry. I can quite see that the Minister will not want to give a list of those points of entry which are not covered—I can see that that would not be wise—but if she is able to say something general in this regard, it would be reassuring, particularly given the issue about Northern Ireland’s position at the end of the year. If she is able to say something on that, either today or in writing, if she wants a more detailed look at the matter, that would be very useful.

I have no doubt that these regulations are appropriate and I strongly support them.

Windrush Compensation Scheme

Lord Bourne of Aberystwyth Excerpts

Wednesday 6th May 2020 Lords Chamber

[Lord Bourne of Aberystwyth (Con)]

My Lords, like others, I very much welcome this debate, and indeed I welcome the compensation scheme in general terms. I also thank the Minister; I know my noble friend is determined to act justly with regard to the scheme.

We have an incredible paradox. At the same time as the noble Baroness, Lady Benjamin, whom I was very pleased to work alongside, and I were delivering Windrush Day, to be celebrated on 22 June every year as a national day of celebration by all Britons, not just proud Windrush Britons and their descendants, we were faced with the Windrush scandal. We all admit that it is a scandal and that it needs dealing with quickly and fairly. Against that background, I have four areas that I would like the Minister to address by saying what is being done. I know that many of these are being brought up by Wendy Williams in her review as well.

The first is the need for a personalised approach so that every individual is treated individually. Every case is different and they do not deserve to be lumped together, as seems the case at the moment. Will the Minister please commit to this happening and ensure that it does?

Secondly, others have referred to the speed of treatment of cases, including the noble and learned Lord, Lord Woolf, and the right reverend Prelate the Bishop of London, and I very much agree. According to Home Office figures, there had been 1,108 claims to the end of last year but only 36 payments. That is 3%, which is totally inadequate. I really hope that the Minister is able to give us some sort of road map for how this backlog of claims—there must be a backlog—will be dealt with, because many people will die before they get their claims settled.

Thirdly, I appreciate that the deadline of the scheme has been extended to 2023, but against the backdrop of the dreadful virus and the slowness that there must now be—I do not point the finger of blame at anyone in particular for that—it may well be that we need to look at an extension beyond that. I would welcome an assurance from the Minister in that regard.

Lastly, on the complexity of the application form, I tend to agree more with the right reverend Prelate the Bishop of London than with my noble friend Lord Blencathra. Although some people will be able to deal with the form, it is 18 pages long. It is not totally complex but there are complex parts of it, and there are 44 pages of guidance. Many people will need help so that they are able to fill in the form and ensure that they get their claim.

I would be grateful if my noble friend could take up these points. In so far as she is not able to deal with them in her response today, although I hope she is, I would be grateful if she could write to me and ensure that others in this debate are copied in on the response.

Yarl’s Wood Immigration Removal Centre

Lord Bourne of Aberystwyth Excerpts

Tuesday 3rd March 2015 Lords Chamber

[Lord Bates]

I listen to what the noble and learned Lord says on this of course. This subject was debated in your Lordships’ House in the context of the amendment to the Immigration Act proposed by the noble Baroness, Lady Williams, in which she sought a cap of 60 days. We have to look at this, but we are making progress. One serious point—I am not making any cheap points here—is that it was not so long ago, in 2008, that children, even disabled children, were held at Yarl’s Wood. We have moved on from that. We are now focusing on pregnant women and the treatment of women there, and I expect us to continue to make progress in the way that we treat people who are in our care.

[Lord Bourne of Aberystwyth (Con)]

My Lords, we will hear from the government Benches next and then from the Opposition.

[Baroness Hamwee (LD)]

My Lords, I hope that the Minister will understand if I say to him gently that there is a sense in this Statement of the Government distancing themselves from responsibility. Will he also accept that there is an underlying issue, not just of practice but of policy? We are one of very few countries in Europe not to have a maximum time limit on detention. Internationally, there are a lot of good examples of constructive engagement and alternatives to detention rather than a focus on end-stage enforcement. Detention is so often not needed. I was a member of the all-party group inquiry, and the Chief Inspector of Prisons said to us that,

“at least a third, and getting on for half, of all detainees are released back into the community. And this poses the question: if they’re suitable to be released back into the community at that point, why do they need to be detained in the first place?”.

--- Later in debate ---

[Lord Ramsbotham (CB)]

My Lords—

[Lord Bourne of Aberystwyth]

It is the Cross Benches next, and then if there is time, the government Benches.

--- Later in debate ---

[Lord Elton]

My Lords—

[Lord Bourne of Aberystwyth]

We have heard from the Liberal Democrats, it is for the Conservatives next.

[Lord Elton]

My Lords, it has happened more than once in this and related fields that a monitoring body reports all is well, and shortly afterwards it is revealed that all is very far from well. Is it not an occasion for a rigorous examination and consideration of the methods used by the monitoring body itself? How often is that done?

Serious Crime Bill [HL]

Lord Bourne of Aberystwyth Excerpts

Tuesday 8th July 2014 Lords Chamber

[Lord Swinfen (Con)]

Before my noble friend answers that question, might I ask whether our gas and oil rigs and our large, hideous windmills that are beyond the 12-mile limit are within our territorial waters? If so, do not our territorial waters in some instances stretch very much further, and have we not claimed areas out into the Atlantic within the continental shelf in order to protect our own oil rights? Is the limit not much greater than 12 miles?

[Lord Bourne of Aberystwyth (Con)]

Perhaps I can help on that. The law of the sea gives a territory an exclusive economic zone of 200 miles, which covers such things as mineral rights, wind farms and so on. Territorial waters are quite different: it is where jurisdiction is exercised over people within territorial waters. The limit is still 12 miles. Occasionally, it may be less if it overlaps with another country’s 12 miles, as it would, for example, in the Channel, where a median line is drawn between the United Kingdom and France.

Serious Crime Bill [HL]

Lord Bourne of Aberystwyth Excerpts

Wednesday 2nd July 2014 Lords Chamber

[Lord Phillips of Sudbury]

My Lords, on the face of it, this is a beguiling amendment, not least because of the way the noble Lord, Lord Harris of Haringey, moved it by giving an example of helping a primary school understand a bit more about the way our complicated world works. There is no one in this House who defers more than me to the need for this country and this Parliament to help our citizens have a better idea of what it is to be a citizen in our barbarically complicated society.

I concur with my noble friend Lady Hamwee, and I think there is perhaps another problem with the wording of the amendment in that it simply talks about,

“reinvestment in the communities and neighbourhoods affected”,

which seems as wide as the Atlantic Ocean and gives no reinvestment guidance about what, why or wherefore.

I have a deeper problem with the amendment. We heard the noble Lord, Lord Rosser, give the example of $20 billion to $40 billion that should be recovered from frauds in developing countries and is not. We heard other examples from my noble friend Lord Taylor of Holbeach of the abject failure of our current laws to achieve their purpose. I am not in favour of doing anything to diminish the resources available to the prosecutorial authorities for seeking to make more as regards compliance with the manifold laws we already have. It is a sort of scandal that we go on passing law after law with the most perfect of purposes, but then fail utterly to give those charged with implementing those laws the wherewithal to do that.

My noble friend Lord Taylor of Holbeach talked with some satisfaction of six advisers. I have to tell him that when you are up against the big, bad guys, a team of six will look rather small, and he is talking about six to cover the whole landscape. Therefore my reservation about the amendment is simply that if its effect is to reduce at all the current grotesquely inadequate resources that go toward compliance, I am afraid that I am not for it.

[Lord Bourne of Aberystwyth (Con)]

My Lords, I, too, will speak, albeit briefly, with some words of caution about this amendment. I do not think anybody could resist the seductive arguments put forward by the noble Lord, Lord Harris of Haringey, on the need to fund programmes. However, at present the asset recovery incentivisation scheme allows agencies to get back 50% of what they recover from the Home Office. That scheme is flexible in its application, and allows the money to be spent to drive up asset recovery and, where appropriate—those words are important—to fund local crime-fighting priorities for the benefit of the community. I know that the intention of the noble Lord was entirely benevolent and helpful; his example of Latin-teaching in Hillingdon as a sort of cheerleader for the Secretary of State for Education demonstrated that. However, the words “where appropriate” are extremely important.

If one looks at the wording of the noble Lord’s amendment, it is prescriptive. It provides for a three-way split of the proceeds for reinvestment in the communities and neighbourhoods affected by the relevant criminal action. There are no ifs, no buts, and no discretion. Sometimes that would work, and sometimes not. My noble friend Lady Hamwee referred to a situation relating to drugs where it would not. However, that is also true, in spades, of something like insider dealing. That is and should be a crime, but there is no classic victim in the personal sense. The victim, if anything, is the Stock Exchange or the City of London. Under this amendment, we might find that the noble Lord is funding the livery companies or Mansion House. I am sure that he does not intend that, but there is a danger with the way in which the amendment is phrased.

Therefore I have great sympathy with what he seeks to do. However, given that a review is being conducted at the moment, the appropriate thing is to wait to see what that review throws up. I also look forward to hearing what the Minister says about that review. Then would be the time to look at this to see how we can get more money used in crime-fighting rather than by means of something as prescriptive as is the wording of this amendment, which has no discretion at all.

[Baroness Smith of Basildon]

My Lords, I have noticed, in debates on Home Office legislation, that my noble friend Lord Harris of Haringey seems to attract adjectives. In the previous Bill we looked at he was described by the Minister as being “mischievous”, and today the noble Lord, Lord Phillips, described him as “beguiling” and the noble Lord, Lord Bourne, described him as “seductive”. I dread to think where we will go as the debate continues.

The issues the noble Lord raises are interesting and go to the heart of transparency on this issue, which is about how we want to engage the public and for them to understand what happens to money brought in by the Government. The noble Lord, Lord Deben, made an interesting point on hypothecation, which comes down to trust. The public want to know not just where their taxes go but what happens to money that is brought into the Government.

I was struck by my noble friend Lord Harris’s examples from the education sector. I was not aware of those examples; I do not know whether the Minister was aware before taking the Bill forward. If neither he nor I were aware, were his officials aware? Who does know what happens? This amendment does us a great service, serving to remind us that we have a duty to make this clear to the public. If we are trying to engage them in support of legislation that involves confiscation, fines, et cetera, there is an obligation on Governments and on Parliament to ensure that the public are aware of where that money goes. I hope that the Minister will take some of those comments on board and that it is something that we can return to, in terms of a wider public understanding of what happens to the money and how it is used for the public benefit. That comes to the heart of the points made by the noble Lord, Lord Deben, and by the amendment of my noble friend Lord Harris of Haringey.

Serious Crime Bill [HL]

Lord Bourne of Aberystwyth Excerpts

Monday 16th June 2014 Lords Chamber

[Lord Bourne of Aberystwyth (Con)]

My Lords, it is a great pleasure to follow my noble friend Lord Paddick and to reassure the noble Lord, Lord Harris of Haringey, of the coalition’s unity of purpose on the Serious Crime Bill.

The point has already been made, not least by the noble Baroness, Lady Smith of Basildon, that we always seem to be getting Home Office measures. It is true that, like taxes and motorway cones, Home Office bills are always with us. That said, I am very much in agreement with my noble friend Lord Sherbourne of Didsbury in thinking that this measure is more than justified. Because of changing circumstances we have to keep ahead of many of the challenges of the age: computer misuse and drug-cutting present fresh challenges, while female genital mutilation and training for terrorism are issues that have come up on a regular basis in your Lordships’ House. Therefore, a response to them is needed.

As has been said, the cost of serious and organised crime is massive. The economic cost alone is £24 billion per year. More serious are the social consequences, and there are of course also issues of national and international security, which this measure tackles.

On the specific provisions of the Bill, it is right to look at ways of ensuring that the Proceeds of Crime Act 2002 is tightened. As has been rightly said, there have been issues with collecting the proceeds of crime when money is sheltered outside the jurisdiction or is allegedly in the hands of third parties. This legislation will tackle some of those issues. Clearly we need to look seriously at this in Committee, but it is a measure that is to be welcomed because we need to revisit the working of the 2002 Act.

Secondly, there are the provisions on computer misuse. As I said, the fresh circumstances of using computers to commit large-scale cybercrime demand fresh legislation. Lengthening sentences to 14 years if the damage is economic or environmental, and the maximum to a life sentence if the damage is to life, limb or national security, seems right. It is necessary to prove intention—mens rea is either intent or recklessness—and that is entirely right. Again, this will no doubt be scrutinised as we go through Committee.

Much has been said about the participation in crime element and introducing a new crime to sit alongside conspiracy. The noble Lord, Lord Richard, raised this initially to ask why it was necessary. I listened carefully to what the noble and learned Lord, Lord Hope of Craighead, said, but there are differences. This approaches it in a different way, in terms of not just the conduct that will be caught but also the standard of proof, which is lower in relation to this participation. The person must have reasonable cause to suspect and only reasonable cause to suspect. There is also a difference in the maximum sentence, which is five years, while conspiracy carries, I think, potentially a life sentence.

So there are material differences here and this is again necessary because of changed circumstances. It is largely, though not exclusively, directed at professional assistance for crime. It is not limited to lawyers or accountants, but certainly they would be caught within the ambit of what is to be looked at. I am sure that alongside other noble Lords I will be scrutinising this carefully in Committee, but it seems that there is a case to be made for looking at this differently from the classic conspiracy of people, perhaps around a table, discussing a crime. This is a different type of conduct that is to be caught.

The Bill also widens the categories of serious crime prevention orders that can be made. They will, of course, be made by the judiciary, so there is a limitation and a safeguard here, which is to be welcomed. A pre-emptive strike to prevent a crime is surely a sensible way of proceeding.

I mentioned that the part of the Bill concerning drug-cutting agents is required because of changes in conduct. We have to react to it and try to stay ahead of the game to ensure that we can tackle criminality in this way. Using substances that are not themselves illegal, but which are used to bulk out illegal drugs, ensures that criminals maximise their profit. To seize these substances, the authorities will have to get a warrant to enter the premises legally and they will need another warrant to destroy the substances. Given the dangers of drugs to individuals, which are well rehearsed, and the massive profits that are being made at the expense of, usually, young people, this is more than justified.

I accept that this is a bit of a hotchpotch of a Bill, but that should not detract from our looking at each part and saying, “Is it to be welcomed? Does it tackle criminality and is it necessary?”. I welcome the clarification about child neglect. I listened carefully to the points made by the noble Lord, Lord Elystan-Morgan, and there are serious issues that we will need to look at in Committee. However, we should welcome clarification to tackle psychological as well as physical harm. I do not think that anybody could argue against making it illegal to possess paedophile manuals, or against extending the extraterritorial reach of prosecutions in relation to female genital mutilation, something that has been raised repeatedly in your Lordships’ House. I also very much welcome measures to tackle the overseas element of training for terrorism—again, a fresh challenge and therefore necessitating fresh legislation.

Obviously, we will be reviewing and scrutinising the legislation line by line as it goes through your Lordships’ House, but the broad sweep of the Bill is something that we should welcome very much indeed.

Immigration Bill

Lord Bourne of Aberystwyth Excerpts

Tuesday 1st April 2014 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I speak very briefly in support of this amendment so that my noble friend Lord Judd is not on his own on these Benches in supporting it. The noble Lord, Lord Roberts, likened detention to hell, but it is probably more like purgatory because people are in limbo. The noble Lord, Lord Ramsbotham, referred to the mental health problems faced by people. Is it surprising that there are very serious mental health problems when people do not know how long they will be there? Just from common decency and humanity, I hope we will be able to support this amendment.

[Lord Bourne of Aberystwyth (Con)]

My Lords, nobody could be against the spirit in which this amendment was moved so persuasively and reasonably by my noble friend Lady Williams of Crosby, but I have one or two points to make. The Minister may wish to deal with them in summing up.

First, in relation to the European Union, there is probably a very good reason why the United Kingdom and the Republic of Ireland are the two countries which have not signed up to the return directive. That is because of our common law tradition. As the noble and learned Lord, Lord Lloyd of Berwick, very reasonably said, indefinite detention is unlawful, which is the position at the moment. People are able to apply for habeas corpus; to make, admittedly subject to the law, applications for bail; and are able to use judicial review. That is one reason at least why we appear to be out of line with other European Union countries on this point.